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HomeMy WebLinkAbout2003 09-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 22, 2003 WEST FIRE STATION 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Acting City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Chuck Lenthe, 7007 Irving Avenue North, addressed the Council to inquire about the City's street reconstruction program and ask if the City would be patching areas in bad condition. Public Works Director /City Engineer Todd Blomstrom discussed that there are updated maps available in the Engineering Department and discussed that the City is trying to sealcoat as long as there is funding. Mr. Lenthe informed that the area of 70 and Logan Avenue North could use some sealcoating. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Informal Open Forum at 6:50 p.m. 2. INVOCATION Patt Rogich, St. Alphonsus Parish Council Member, offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:02 p.m. 09/22/03 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Acting City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that on September 13 and 14, 2003, she along with other volunteers participated in the plantings of the 5,000 plants delivered at Twin Lake Beach. She wished to express thanks to Wenck Associates, the Department of Natural Resources, and the Soil and Water Conservation District. Councilmember Lasman reported that she attended the Honoring Local Heroes Ceremony at Cross of Glory Lutheran Church on September 11, 2003; the Crime Prevention Meeting on September 17, 2003; and the Deer Task Force meeting on September 18, 2003. She reported that the recommendation from the Deer Task Force should be available the end of October 2003. Councilmember Carmody reported that she attended the Housing Commission meeting on September 16, 2003; and the Deer Task Force meeting on September 18, 2003. Councilmember Niesen wished to express thanks to the Park and Recreation Commission for providing all the information regarding the plantings at Twin Lake Beach. Mayor Kragness reported that she was one of 70 chosen to be part of an event that the YMCA is sponsoring to gather people from diverse cultural backgrounds to discuss common interests and concerns. She informed that she attended the Honoring Local Heroes Ceremony at the Cross of Glory Lutheran Church and that this ceremony will be re- televised; and that on September 24, 2003, the Cross of Glory Lutheran Church will be sponsoring a luncheon to discuss mutual concerns with all Pastors in Brooklyn Center. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Motion passed unanimously. 09/22/03 -2- 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the September 8, 2003, study and regular sessions meeting minutes. Councilmember Carmody abstained. Motion passed. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL Northern Heating and Air Conditioning Inc. 9431 Alpine Drive NW, Ramsey Check Refrigeration 840173 d Avenue North, Brooklyn Park 7c. PROCLAMATION DECLARING OCTOBER 20 -25, 2003, AS WORLD POPULATION AWARENESS WEEK A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation Declaring October 20 -25, 2003, as World Population Awareness Week. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003 -140 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7e. RESOLUTION APPROVING QUOTE AND AWARDING CONTRACT FOR 2003 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2003-14, CONTRACT 2003 -F RESOLUTION NO. 2003-141 Councilmember Lasman introduced the following resolution and moved its adoption: 09/22/03 -3- RESOLUTION APPROVING QUOTE AND AWARDING CONTRACT FOR 2003 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2003 -14, CONTRACT 2003 -F The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION APPROVING FINAL PLAT, STEEN ADDITION RESOLUTION NO. 2003-142 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, STEEN ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS AND REPORT ON ADDITIONAL FEES FOR 2:00 A.M. CLOSING Acting City Manager/Director of Operations Curt Boganey discussed that this ordinance amendment would extend the hours of operation for liquor establishments, establishes a special license, and sets additional license fees. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Chuck Lenthe, 7007 Irving Avenue North, addressed the Council to inquire if this ordinance applies to all liquor establishments. Mayor Kragness responded that only one establishment has considered extending their hours; and that liquor establishments could stay open until 2:00 p.m. if they pay the additional license fee. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003 -11 Councilmember Lasman introduced the following ordinance and moved its adoption: 09/22/03 -4- AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. WIRTH ADDITION DEVELOPMENT PROPOSAL FOR HOLIDAY COMMISSARY 1. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69 AVENUE NORTH) 2. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF- WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 " AVENUE NORTH 3. RESOLUTION APPROVING FINAL PLAT, WIRTH ADDITION 4. AN ORDINANCE PROVIDING FOR THE DISPOSITION OF LAND AT 69 AVENUE AND SHINGLE CREEK PARKWAY 5. RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT WITH HOLIDAY STATIONSTORES, INC. Mr. Boganey discussed that these items relate to the proposal for Holiday Commissary and that the Council will be moving each motion separately. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-12 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69 AVENUE NORTH) 09/22/03 -5- The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Motion passed unanimously. ORDINANCE NO. 2003-13 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 AVENUE NORTH The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003 -143 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, WIRTH ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. Mayor Kragness discussed that there had been an amendment to the Ordinance Providing for the Disposition of Land at 69 Avenue and Shingle Creek Parkway and that the Council would be adopting the first reading and setting second reading and public hearing with the amended language of SPM Construction Company. A motion by Councilmember Lasman, seconded by Carmody to approve first reading and set second reading and public hearing on October 27, 2003, of An Ordinance Providing for the Disposition of Land at 69' Avenue and Shingle Creek Parkway. Motion passed unanimously. RESOLUTION NO. 2003-144 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT WITH HOLIDAY STATIONSTORES, INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 09/22/03 -6- 8c. PUBLIC HEARING REGARDING HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 - RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) Mr. Boganey discussed that this resolution would give host approval to the issuance of Health Care Facilities Revenue Bonds, Series 2003 (Group Health Plan, Inc. Project) and that the principal amount of the bonds of $85,000,000 to finance or refinance various capital expenditures made by Group Health in approximately nine cities, with Brooklyn Center being one of the nine cities, is recommended for approval. Mary Dyrseth, Briggs and Morgan, addressed the Council to discuss the bonds and inform that the Housing and Redevelopment Authority of the City of St. Paul and the City of Minneapolis will jointly issue the bonds. A motion by Councilmember Carmody, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003-145 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2003-017 SUBMITTED BY 1501 FREEWAY, LLC. REQUEST FOR REZONING AND DEVELOPMENT PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS TO CONVERT THE EXISTING BEST WESTERN HOTEL AT 1501 FREEWAY BOULEVARD INTO A SENIOR CONDOMINIUM COMPLEX 09/22/03 -7- 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003-017 SUBMITTED BY 1501 FREEWAY, LLC. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (1501 FREEWAY BOULEVARD). Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 2003- 017 submitted by 1501 Freeway, LLC requesting rezoning and development plan approval through the Planned Unit Development (PUD) process to convert the existing Best Western Hotel at 1501 Freeway Boulevard into a senior condominium complex. He informed that there had been concerns with the garages in the first site plan reviewed; however, the applicant provided a second site plan to formally address the concerns raised. Mayor Kragness expressed concern about the people living there being expected to use the restaurant on site if one is provided. Mr. Warren discussed that if the function of a restaurant or food service area is developed, that would have to be decided by the Board of Directors. Councilmember Carmody inquired about the floor plans. Dan Schleck, Attorney representing 1501 Freeway, LLC, addressed the Council to outline the option chosen and informed that the floor plans have not been finalized. Their architect is in the process of reviewing floor plans now. Mr. Warren discussed that the floor plans will come before the Council for approval. Mr. Schleck informed the Council that staff had provided good recommendations and that the architect has helped with the greenspace for the area. Mayor Kragness expressed she believes it will be important to have gardens with flowers on site. Mr. Schleck discussed that the issue of meal plans will not be a requirement at first and that it may be something they consider at a later time. Councilmember Lasman expressed that she liked Option C and inquired why Option B was chosen. Mr. Schleck informed that they liked Option C also; however, it was more expensive to replace the entire roof and they would like to focus on the interior more than the exterior. Councilmember Niesen inquired about the 15 -foot green strip. Mr. Warren discussed that the green strip is strictly for aesthetics and the visual relief from the parking lots. Mr. Schleck discussed that there will be restrictions on leasing and that the plan is to make that part of the declamation. Mayor Kragness asked what the prices would be for the units. Mr. Schleck discussed that there will be a wide range of prices and values and that a market rate study is in the process to help determine the pricing. 09/22/03 -8- Councilmember Niesen inquired why there would only be one access. Mr. Warren discussed that the eliminated access location was not in a good spot and that they may consider another access on the south side at a later date. She expressed that she believes two access points would be nice for residents and emergency personnel. Mr. Schleck discussed that they are not opposed to a second entrance; however, he would like to keep the sense of a single destination. Mayor Kragness questioned if the one access could be widened. Mr. Schleck responded that would be something they could consider. Director of Public Works /City Engineer Todd Blomstrom discussed that he would be reviewing the detailed site plan and that he will review the site with emergency personnel. Councilmember Lasman inquired if all goes well and as planned when this project would take place. Mr. Schleck informed that they would anticipate starting in February 2004 and that one year from now people would be moving in. RESOLUTION NO. 2003-146 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003 -017 SUBMITTED BY 1501 FREEWAY, LLC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (1501 Freeway Boulevard). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING FIREFIGHTER RECOGNITION AND FIRE PREVENTION WEEK OCTOBER 5-11,2003 Mayor Kragness read the Proclamation Declaring Firefighter Recognition and Fire Prevention Week October 5 -11, 2003. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring Firefighter Recognition and Fire Prevention Week October 5 -11, 2003. Motion passed unanimously. 09/22/03 -9- 10b. RESOLUTION AUTHORIZING AND DIRECTING THAT BAD DEBTS AND UNCOLLECTIBLE CHECKS BE WRITTEN OFF Mr. Boganey discussed that this resolution would authorize writing off $970.61 of bad checks and debts and that the affected accounts receivable accounts would be adjusted appropriately. RESOLUTION NO. 2003-147 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING THAT BAD DEBTS AND UNCOLLECTIBLE CHECKS BE WRITTEN OFF The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. ORDINANCE AMENDMENTS 1. EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY 2. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY Mr. Boganey discussed the emergency ordinance would create a moratorium for sixty days and the interim ordinance would create a six -month study period. A moratorium would permit the City to consider the impact as well as the appropriateness of different zonings for church development. If the Council adopts the ordinances, the matter would be referred to the Planning Commission for study and recommendations. A motion by Councilmember Niesen, seconded by Councilmember Carmody to adopt emergency ordinance. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 27, 2003. Motion passed unanimously. 09/22/03 -10- 10d. FRANCHISE FEE ORDINANCES 1. AN ORDINANCE IMPOSING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER 2. AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. Boganey discussed that these ordinances would establish a three percent electric franchise fee and a three percent natural gas franchise fee in order to fund the City's street reconstruction fund. The franchise fees would be effective thirty days after the ordinance adoptions. Councilmember Carmody expressed that she has been undecided about imposing a franchise fee. She believes that this is a hidden way to impose a tax on residents and that she would rather see revenue reflected in the tax rate. She informed that she would not be voting in favor of these ordinances. Councilmember Peppe expressed that he understands Councilmember Carmody's concern; however, the big issue is the continuation of the street reconstruction fund. Adopting franchise fees will allow the City to watch and monitor and spreads out to businesses. He would be in favor of these ordinances. Councilmember Niesen questioned if the three percent would be divided by customers. Mr. Boganey expressed that he believes that each individual billed three percent would be of their usage. Councilmember Lasman expressed that she does support the franchise fees. Councilmember Niesen asked why the ordinances do not have in writing that the three percent would be based on usage. Mr. LeFevere informed that it would be equal on all customer classes. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 27, 2003 of an Ordinance Imposing an Electric Franchise Fee on Northern States Power's Operations Within the City of Brooklyn Center. Councilmember Carmody voted against the same. Motion passed. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 27, 2003, of an Ordinance Imposing a Natural Gas Franchise Fee on CenterPoint Energy Minnegasco's Operations Within the City of Brooklyn Center. Councilmember Carmody voted against the same. Motion passed. 09/22/03 -11- 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:36 p.m. Motion passed unanimously. City Clerk Mayor 09/22/03 -12-